What Damages Can You Recover in a Wrongful Death Claim?

The unexpected loss of a loved one is a deeply traumatic experience. According to the CDC, unintentional injuries were the fourth leading cause of death in the United States in 2020, resulting in over 200,000 fatalities. When a death occurs due to someone else’s negligence, surviving family members may pursue a wrongful death claim. While no amount of money can replace a loved one, understanding the types of damages you can recover can provide financial security and a sense of justice.

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought against a person or entity responsible for someone’s death due to negligence, recklessness, or intentional misconduct. These claims aim to compensate surviving family members for their losses, which can include economic and non-economic damages. It’s important to note that a wrongful death claim is separate from any criminal charges that may be filed against the responsible party.

Types of Recoverable Damages

In a wrongful death claim, damages typically fall into two main categories: economic and non-economic. In some instances, punitive damages may also be awarded.

Economic Damages

Economic damages, also known as pecuniary damages, are intended to cover the tangible financial losses incurred by the family as a result of the death. These damages are more easily quantifiable and may include:

Medical Expenses: Compensation for medical treatment and care the deceased received before their death due to the injury.
Funeral and Burial Expenses: Coverage for the costs associated with the deceased’s final arrangements, such as funeral services, burial, or cremation. The average funeral cost in New York exceeds $10,000.
Loss of Income and Earning Capacity: Compensation for the loss of the deceased’s past and future earnings, including wages, benefits, and potential career advancement. Factors such as age, occupation, education, and projected career trajectory are considered when calculating this loss.
Loss of Benefits: Compensation for the loss of benefits like medical insurance, pensions, bonuses, and other types of compensation offered by the employer.
Loss of Household Services: Reimbursement for the value of services the deceased provided, such as childcare, home maintenance, and other household tasks.
Loss of Financial Support: Compensation for the financial contributions the deceased would have provided to the family.
Loss of Prospective Inheritance: If a wrongful death leads to the loss of a future inheritance, compensation can be pursued for this loss.
Property Damage: Compensation if any property, including vehicles, personal items, or a home, were damaged or lost due to the incident that led to the death.

Non-Economic Damages

Non-economic damages are intended to compensate for the intangible losses suffered by surviving family members. These damages are more subjective and can include:

Pain and Suffering of the Deceased: Compensation for the physical pain, mental anguish, and emotional trauma the deceased experienced between the time of injury and their death.
Loss of Companionship and Consortium: Compensation for the loss of the deceased’s love, affection, comfort, companionship, and sexual relations. Loss of consortium claims are commonly sought by spouses, but children and parents may also be eligible in some states.
Loss of Guidance and Support: Compensation for the loss of the deceased’s advice, guidance, counsel, instruction, training, and education.
Emotional Distress: Compensation for the mental anguish, grief, sorrow, anxiety, depression, and post-traumatic stress experienced by surviving family members.
Loss of Enjoyment of Life: Compensation for the diminished quality of life caused by the absence of a loved one.

Punitive Damages

Punitive damages are not awarded to compensate surviving families for their losses. Instead, they are intended to punish the wrongdoer for egregious conduct and deter similar behavior in the future. Punitive damages are typically awarded only in cases where the defendant’s actions were malicious, intentional, reckless, or grossly negligent.

Examples of situations where punitive damages may be awarded include:

Drunk Driving Fatalities: When an impaired driver causes a fatal car crash, especially those with extremely high blood alcohol levels or prior DUI convictions.
Defective Products: Manufacturers who knew about dangerous defects but failed to issue recalls or warn consumers.
Medical Malpractice: Healthcare providers who deliberately falsified records or abandoned patients requiring urgent care.

Factors Affecting Compensation

The amount of compensation awarded in a wrongful death case can vary greatly depending on several factors, including:

The Deceased’s Age and Earning Capacity: Younger individuals with higher earning potential may result in larger awards for lost income.
The Nature of the Relationship Between the Deceased and the Surviving Family Members: Closer relationships, such as those between spouses and minor children, may result in larger awards for non-economic damages.
The Circumstances of the Death: Deaths caused by particularly egregious or reckless behavior may result in larger awards, especially if punitive damages are involved.
State Laws: Each state has its own laws regarding wrongful death claims, including who can file a claim, the types of damages that can be recovered, and any caps on damages.
Insurance Coverage: The amount of insurance coverage available can also affect the amount of compensation that can be recovered.

Proving Emotional Distress

Proving emotional distress in a wrongful death claim requires compelling evidence. Since psychological harm isn’t always visible, courts rely on several forms of documentation and testimony to assess the severity and legitimacy of emotional distress claims in wrongful death lawsuits. This can be achieved through:

Medical Records and Diagnoses: Documentation from mental health professionals, such as therapists and psychologists, can provide evidence of emotional distress.
Testimony from Family and Friends: Testimony from family members, friends, and co-workers can provide insights into the emotional impact of the death on the surviving family members.
Personal Testimony: Personal testimony from the claimant detailing their emotional suffering, grief, and mental anguish.
Journal Entries: Journal entries documenting the claimant’s thoughts, feelings, and experiences can provide valuable evidence of emotional distress.

Who Can File a Wrongful Death Claim?

State laws vary regarding who can file a wrongful death claim. In most states, the following individuals may be eligible to file a claim:

Surviving Spouse: The deceased’s husband or wife.
Children: The deceased’s biological or adopted children, including minor and adult children.
Parents: The deceased’s biological or adoptive parents, especially if the deceased was a minor.
Personal Representative of the Estate: The person appointed by the court to administer the deceased’s estate.
Dependents: Individuals who were financially dependent on the deceased.

The Role of a Wrongful Death Attorney

Navigating the legal process of a wrongful death claim can be complex and emotionally challenging. An experienced wrongful death attorney can provide invaluable assistance by:

Investigating the Death: Gathering evidence to determine the cause of death and identify the responsible parties.
Determining the Value of the Claim: Assessing the full extent of economic and non-economic damages.
Negotiating with Insurance Companies: Representing your interests and negotiating a fair settlement with the insurance company.
Filing a Lawsuit: Filing a wrongful death lawsuit and representing you in court if a settlement cannot be reached.
Providing Legal Guidance: Explaining your rights and options and guiding you through the legal process.

Conclusion

Losing a loved one due to someone else’s negligence is a devastating experience. Understanding the types of damages you can recover in a wrongful death claim can provide financial security and a sense of justice. While no amount of money can replace your loss, pursuing a wrongful death claim can help you hold the responsible parties accountable and secure your family’s future. Consulting with an experienced wrongful death attorney is essential to ensure that your rights are protected and that you receive the full compensation you deserve.